Koal1S1 seramancan Telult Jakarta Jakarta, 28 October 2016 Subject Joint Letter of Concern on the Government of the Netherlands Support on Reclamation of 17 Artificial Islands and NC1CD Project in Jakarta Bay To the Honourable: Prime Minister of the Netherlands, H.E. Mark Rutte Minister of Foreign Trade and Development Cooperation of the Netherlands, H.E. Ploumen Minister ofInfrastructure and Environment of the Netherlands, H.E. Melanie Schultz van Haegen State Secretary of the Netherlands, H.E. Dijksma on Infrastructure and Environment We hope this letter finds you well. We undersigned, Indonesian Traditional Fisherfolk Union (KNTI), Jakarta Legal Aid Institute (LBH Jakarta) and Women's Solidarity for Human Rights (Solidaritas Perempuan) write this letter on behalf of Save Jakarta Bay Coalition. We have joined forces with a number of other civil society organizations (see below) under the name of Save Jakarta Bay Coalition to stop the reclamation of 17 artificial islets in Jakarta Bay. Together we believe that development efforts should always include respect for human rights and for protecting the environment for the sake of future generations. With this letter we wish to inform you of the matter and to request a conversation with you during your upcoming visit to Indonesia. In November 2013, during your last trade mission to lndonesia, you presented the idea of a combined flood protection-land development plan for the Jakarta Bay that would take the shape of Indonesia's national symbol, the Great Garuda. With financial support from the Netherlands, a Dutch consortium has developed a Master Plan for National Capital Integrated Coastal Development (NCTCD). This was presented by Minister Melanie Schultz van Haegen in Jakarta in April 2014. Ajoint venture of Dutch dredging companies has been awarded a contract to design and construct the artificial island for Pluit City off the coast of Jakarta. Based on this information, we realise that your government is interested in and supportive of the NCICD project. The Dutch government regards the UN Guiding Principles on Business and Human Rights (UNGPs) and OECD Guidelines for Multinational Enterprises as integral elements of its foreign and human rights policy. The Dutch government is an OECD member and has made a binding commitment to implement the OECD Guidelines. The Dutch government has publicly stated its expectation that Dutch companies operating abroad should respect the UNGPs and OECD Guidelines, and that they should conduct due diligence to identify, prevent, and mitigate any potential adverse impacts of their operations. Tn 2012, the Dutch government became the second government worldwide (after the UK) to deliver its commitment to develop a national action plan (NAP) for business and human rights to implement the UNGPs. We write you this letter because we believe that your support for the NCICD including the reclamation project raises questions of a potential conflict with your commitment to the UNGPs and OECD Guidelines as mentioned above. Specifically, there are concerns of livelihood loss and infringement of human rights, irreparable environmental damage and a bribery and corruption case which we would like to bring to your attention. JI. Diponegoro No. 74, Menteng, Jakarta Pusat. 10320. Telp: (021) 3145518 I Fax: (021) 3192377
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Koal1S1 seramancanTelult Jakarta
Jakarta, 28 October 2016
Subject Joint Letter of Concern on the Government of the Netherlands Support onReclamation of 17 Artificial Islands and NC1CD Project in Jakarta Bay
To the Honourable:Prime Minister of the Netherlands, H.E. Mark RutteMinister of Foreign Trade and Development Cooperation of the Netherlands, H.E. PloumenMinister ofInfrastructure and Environment of the Netherlands, H.E. Melanie Schultz van HaegenState Secretary of the Netherlands, H.E. Dijksma on Infrastructure and Environment
We hope this letter finds you well.
We undersigned, Indonesian Traditional Fisherfolk Union (KNTI), Jakarta Legal Aid Institute(LBH Jakarta) and Women's Solidarity for Human Rights (Solidaritas Perempuan) write this letteron behalf of Save Jakarta Bay Coalition. We have joined forces with a number of other civil societyorganizations (see below) under the name of Save Jakarta Bay Coalition to stop the reclamation of17 artificial islets in Jakarta Bay. Together we believe that development efforts should alwaysinclude respect for human rights and for protecting the environment for the sake of futuregenerations. With this letter we wish to inform you of the matter and to request a conversation withyou during your upcoming visit to Indonesia.
In November 2013, during your last trade mission to lndonesia, you presented the idea of acombined flood protection-land development plan for the Jakarta Bay that would take the shape ofIndonesia's national symbol, the Great Garuda. With financial support from the Netherlands, aDutch consortium has developed a Master Plan for National Capital Integrated CoastalDevelopment (NCTCD). This was presented by Minister Melanie Schultz van Haegen in Jakarta inApril 2014. Ajoint venture of Dutch dredging companies has been awarded a contract to design andconstruct the artificial island for Pluit City off the coast of Jakarta. Based on this information, werealise that your government is interested in and supportive of the NCICD project.
The Dutch government regards the UN Guiding Principles on Business and Human Rights(UNGPs) and OECD Guidelines for Multinational Enterprises as integral elements of its foreignand human rights policy. The Dutch government is an OECD member and has made a bindingcommitment to implement the OECD Guidelines. The Dutch government has publicly stated itsexpectation that Dutch companies operating abroad should respect the UNGPs and OECDGuidelines, and that they should conduct due diligence to identify, prevent, and mitigate anypotential adverse impacts of their operations. Tn 2012, the Dutch government became the secondgovernment worldwide (after the UK) to deliver its commitment to develop a national action plan(NAP) for business and human rights to implement the UNGPs.
We write you this letter because we believe that your support for the NCICD including thereclamation project raises questions of a potential conflict with your commitment to the UNGPs andOECD Guidelines as mentioned above. Specifically, there are concerns of livelihood loss andinfringement of human rights, irreparable environmental damage and a bribery and corruption casewhich we would like to bring to your attention.
JI. Diponegoro No. 74, Menteng, Jakarta Pusat. 10320.Telp: (021) 3145518 I Fax: (021) 3192377
KoallSl seramancanTelul{ Jakarta
Primarily, we worry about the effects that the Jakarta reclamation project has and will have ontraditional coastal communities along the entire Jakarta Bay. Land reclamation will contaminatecoastal areas and make fishing grounds unreachable for fisherfolk. Already, the cost of fishing hasincreased while the fish catch has declined significantly. The impact of reclamation will especiallybe harmful for the women in the fisherfolk communities who will be affected in both theireconomic and their nurturing activities. Declining fish catches will also threaten the access to foodfor the inhabitants of Jakarta. Such harmful effects are clearly in violation of the InternationalCovenant of Economic, Social and Cultural Rights (ICESCR). To make matters worse, the landreclamation project didn't have any Strategic Environmental Assesment (SEA/KLHS), has had nopublic participation in the process of the Environmental Impact Assessment (EIA) and there was nofulfilment of the rights to information on the potential threats of environmental damages and losses.
Furthermore, the reclamation project will cause environmental damages throughout Jakarta and farbeyond. By hindering the outlet of the 13 rivers discharging in Jakarta Bay, the reclamation projectwill exacerbate, rather than solve, the floods which occur yearly during the rainy season. Thisflooding is compounded by land subsidence in North Jakarta and by sedimentation and riversiltation due to indiscriminate pollution of Jakarta's rivers, factors which are not taken intoconsideration in the current plans. The reclamation and the proposed sea dike will also limit theflushing capacity of Jakarta Bay, leading to a significant decline of the water quality and possiblyturning it into a vast cesspit. Already mass fish death has occurred in Jakarta Bay due to oxygendepletion. Construction activities will also destroy the coral and mangrove forests which form abreeding ground for fish and a wildlife refuge for birds.
The sourcing of over 600 mill ion cubic meter of sand requ ired for the land reclamation wi II destroythe ecosystems of the locations in the Indonesian archipelago from which it is mined. Protests havealready occurred in Lontar village, Banten province, where Dutch companies Boskalis and VanOord were mining sand. We would also like to point out that the land reclamation is surrounded bya corruption case which has resulted in the imprisonment of the CEO of property developer AgungPodomoro Land (APL). This bribery case is linked to forced evictions of coastal communities; in2015 alone there were I 13 cases of forced evictions that occurred in Jakarta affecting 8.145 familiesand 6.283 micro businesses.
The Dutch are well known for their flood mitigation measures. These measures adopt a complexapproach, which follows the principles of environmental and social protection and goodgovernance. What is happening in Indonesia is entirely the opposite. In our opinion the Jakarta Bayreclamation project disrespects sustainable policies and good governance. The Jakartaadministration and central government have a poor track record when it comes to respectinginternational legal obligations. We support and highly appreciate your commitment to business andhuman rights issues. However, if your government and the Indonesian government insist onbuilding NCrCD, there will be more thousands of people among fisherfolk and particularly womenfishworkers who will lose their livelihood entirely. The environmental effects will also beirreparable and irreversible.
We request to meet you in Jakarta during your upcoming visit to Indonesia on 21 - 23 November2016 to have a deep conversation with you on this matter. We would greatly appreciate theopportunity to discuss a more participatory model of development for the Jakarta Bay, a model forwhich the Dutch are well known. Once again, we support your commitment to business and humanrights issues and invite you to honour these commitments for the case of the Jakarta Bay.
Awaiting your reply at your earliest convenience.; .:: __" It!ilo·~ ""':;(V·I,
~_=Yours sincerely,
Chairperson of National Executive BoardIndonesia Traditional Fisherfolks Union (KNTI)
elson Nikodemus SimamoraPublic Interest Lawyer of
Jakarta Legal Aid Institute (LBH Jakarta)
Pu eChairperson of the National Executi Body men's Solidarity for Human Rights
(Soli aritas Perernpuan)
On behalf of Save Jakarta Bay Coalitionlndonesian Traditional Fisherfolk Union (KNTI), Muara Angke Traditional Fisherfolk Community,Paguyuban Nelayan Pengolah Perikanan Muara Angke, Jakarta Legal Aid Institute (LBH Jakarta),Women's Solidarity for Human Rights (Solidaritas Perempuan), Indonesia Center forEnvironmental Law (ICEL), Rujak Center for Urban Studies, Indonesian Forum for Environment(WALHI Jakarta chapter), People Coalition for Fisheries Justice (KIARA), Indonesian Legal AidFoundation (YLBHI), and Dompet Dhuafa Legal Aid Center, Yayasan Lembaga Bantuan HukumIndonesia.
More information on this subject can be found attached in the annex to this letter. For furtherquestions, please do not hesitate to contact Marthin Hadiwinata at [email protected] /+6281286030453, Nelson Nikodemus Simamora at [email protected]/+62 813 9682 0400 and Arieska Kurniawaty at [email protected] / +6281280564651.
Cc:Ms. Khadija Arib, Speaker of House of Representatives of the Kingdom of the NetherlandsMr. Rob Swartbol, Ambassador of Kingdom of the Netherlands to Indonesia and Timor Leste
J1.Diponegoro No. 74, Menteng, Jakarta Pusat. 10320.Telp: (021) 3145518 I Fax: (021) 3192377
